[nfbmi-talk] Fw: foia ada f504 docs rsa arwood etc

Tue Mar 6 19:34:13 UTC 2012

Yup, never consulted with RSA at all....
----- Original Message ----- 
From: Farmer, Mel (LARA) 
To: 'joe harcz Comcast' 
Cc: Cannon, Patrick (LARA) ; Haynes, Carla (LARA) ; Arwood, Steve (LARA) ; Burton, Diane (LARA) ; Zimmer, Mike (LARA) ; Brown, Melanie (LARA) 
Sent: Tuesday, March 06, 2012 12:41 PM
Subject: FW: foia ada f504 docs rsa arwood etc

March 6, 2012

Mr. Paul Joseph Harcz

1365 E. Mt. Morris Road

Mt. Morris, MI 48459

joeharcz at comcast.net

RE: March 6 2012 FOIA Related to Arwood RSA Communications Records

Dear Mr. Harcz:

This notice is in response to your March 6, 2012 email (attached) to me requesting existing, nonexempt public records under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq., you describe as:

".any correspondences between LARA Deputy Director Steven Arwood and the United 

 States Department of Education Rehabilitation Services Administration relative to 

 violations of various aspects of the Rehabilitation Act of 1973 and the Randolph Shepard 

 Act in Executive Order 2012-2."

Pursuant to MCL 15.235, Section 5(2)(b) 0f the state's FOIA, this request is denied. After a search for records, to the best of the Department's knowledge, information, and belief, I certify that the public records requested do not exist in this Department under the name given by you or another name reasonably known to the Department.

Under MCL 15.240 of the state's FOIA, You may (1), submit a written appeal regarding the denial of any portion of your FOIA request to Steven H. Hilfinger, Director, Michigan Department of Licensing and Regulatory Affairs, ATTENTION: Mike Zimmer, Chief Deputy Director, Ottawa Building, 4th Floor, P.O. Box 30004, Lansing, MI 48909. Your written appeal must include the word "appeal" and identify the reason(s) for reversal of the denial(s); or, (2), You may seek judicial review in circuit court within 180 days after the Department's final determination. If you prevail in court action, the court may award reasonable attorney fees, costs, and disbursements. If the court finds the Department's action(s) to be arbitrary and capricious, the court shall, in addition to any actual or compensatory damages, award punitive damages in the amount of $500.00.

Sincerely,

Melvin Farmer, Jr.

Central FOIA Coordinator

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Tuesday, March 06, 2012 8:41 AM
To: Farmer, Mel (LARA)
Cc: John Scott MCB Comm.; lydia Schuck MCB Comm.; Larry Posont MCB Comm.; nfbmi-talk at nfbnet.org; Joe Sibley MCBVI Pres.; Craig McManus RSA; Sally Conway USDOJ; senatorstabinow at senate.gov; Senator John Gleason; Brenda Bove, MI ACLU; Kary Moss ACLU MI; Elmer Cerano MPAS; MARK CODY; Richard Bernstein Esq
Subject: foia ada f504 docs rsa arwood etc

March 6 2012 FOIA Related to Arwood RSA Communications

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

810-516-5262

joeharcz at comcast.net

Melvin Farmer

Freedom of Information Act (FOIA)

Michigan Department of Licensing and Regulatory Affairs (LARA)

(Via e-mail)

Dear Mr. Farmer,

I am writing today to request any correspondences between LARA Deputy Director Steven Arwood and the United States Department of Education Rehabilitation Services Administration relative to violations of various aspects of the Rehabilitation Act of 1973 and the Randolph Shepard Act in Executive Order 2012 -2. The correspondences at issue will be after the order was invoked roughly at the end of February and to the present date.

Moreover, as a blind person I am requesting these documents without surcharge or without illegally invoking the "undue hardship" provisions, as you've done in the past in my most effective format pursuant to known obligations of the Americans with Disabilities Act (Title II, subpart e, communications), and Section 504 of the very Rehabilitation Act of 1973 which you, and, indeed Mr. Arwood continually violate.

To wit: promptly remit these documents as simple Word attachments and/or plain text enclosures to my e-mail address listed above.

Failure to do so will constitute deliberate indifference to known civil rights laws and you may well be sued under Section 1983 (42USC1983) individually as a Stat actor violating my civil rights maliciously and with malice of forethought for monetary damages relative to this and past acts of discrimination and civil rights violations against my person..

Sincerely,

Paul Joseph Harcz, Jr.

Cc: MCB Commissioners

Cc: NFB MI

Cc: MCBVI

Cc: MRC Members

Cc: Elmer Cerano, Mark Cody MPAS

Cc: RSA

Cc: United States Department of Justice

Cc: Richard Bernstein, Esq.

Cc: Michigan senator John Gleason

Cc: Senators Debbie Stabinow and Carl Levin

Cc: Rep. Dale Kildee

Cc: Michigan ACLU

Cc: ADAPT MI

Cc: UAW 6000